Application By Orica Ic Assets Ltd & Ors Re Moomba To Sydney Gas Pipeline System [2004] ACompT 2

Application By Orica Ic Assets Ltd & Ors Re Moomba To Sydney Gas Pipeline System [2004] ACompT 2

EUAA and EAG were not qualified applicants for review because, on the subject, scope and purpose of the Access Law and Gas Code, their role as public interest consumer advocates, their objects and activities, their asserted representation of broad member or public interests, and any prior participation in the process did not mean that either corporation was adversely affected by the Minister's decision to revoke coverage within the meaning of s 38(1).

Jurisdiction
Australia
Judgment Date
04 March 2004
Procedural Posture
Application for Review of the Decision by the Minister for Industry, Tourism and Resources in Relation to Applications for Revocation of Coverage of Certain Portions of the Moomba to Sydney Gas Pipeline System / Reasons for Ruling on Participation and Standing
Outcome
Neither Energy Users Association of Australia Inc nor Energy Action Group Inc was held to be a qualified applicant for review of the Minister's decision.
Legal Topics
['gas Pipeline Access Regulation' 'revocation of Coverage' 'standing' 'adversely Affected Applicants' 'merits Review']
['administrative Law' 'competition Law' 'energy and Resources Law'] ['gas Pipeline Access Regulation' 'revocation of Coverage' 'standing' 'adversely Affected Applicants' 'merits Review']

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Procedural Posture

Application for Review of the Decision by the Minister for Industry, Tourism and Resources in Relation to Applications for Revocation of Coverage of Certain Portions of the Moomba to Sydney Gas Pipeline System / Reasons for Ruling on Participation and Standing

Legal Issues

  1. 1 ["Whether Energy Users Association of Australia Inc was adversely affected by the Minister's decision within the meaning of s 38(1) of Schedule 1 to the Gas Pipelines Access (South Australia) Act 1997." "Whether Energy Action Group Inc was adversely affected by the Minister's decision within the meaning of s 38(1) of Schedule 1 to the Gas Pipelines Access (South Australia) Act 1997." 'Whether the objects, policy advocacy role, membership interests or prior participation of consumer advocate organisations were sufficient to make them qualified applicants for review.']

Ratio Decidendi

EUAA and EAG were not qualified applicants for review because, on the subject, scope and purpose of the Access Law and Gas Code, their role as public interest consumer advocates, their objects and activities, their asserted representation of broad member or public interests, and any prior participation in the process did not mean that either corporation was adversely affected by the Minister's decision to revoke coverage within the meaning of s 38(1).

Court Disposition

Neither Energy Users Association of Australia Inc nor Energy Action Group Inc was held to be a qualified applicant for review of the Minister's decision.

Orders

  • ["Energy Users Association of Australia Inc is not a qualified applicant for review because it is not adversely affected by the Minister's decision within the meaning of s 38(1) of Schedule 1 to the Gas Pipelines Access (South Australia) Act 1997." "Energy Action Group Inc is not a qualified applicant for review...